AIZAN ROXANE/ BONI INA-MARYSE/ TOURE MABERE / WANDO MARIE-GRACE

BUSA 2106 Business Law

Dr Paladan Nerisa
Thursday, October 15th 2015
September 2015

CASE STUDY 2 CHAPTER 13, 14, 15

Instructions:

1. Case study 2 is for chapter 13 - #7 undue influence on page 296, chapter 14 - #5 agent's
contract on page 312, and chapter 15 - #4 Assignment on page 331.

2. Make a summary of each case.

3. Answer the questions at the end of the case.

-----------------------------------------------------------------------------------------------------------------------------

1. Indue influence

Conrad Schaneman had eight son and five daughters. After some problems like his ways to
live because he does not read and write English, his eldest son decided to take care of his
business. At a certain time he decided to deed his farm to his son Lawrence for a certain
amount of money which was less. But some evidence shown that the real cost of the farm was
high. After health problem of Conrad, he died and the conservators brought an action because
for him it was an Undue influence. Undue influence is when you are influence by a relative
person or a close person or also influenced by someone you trust. So according to this story
the conservators cannot cancel the deed because it is a contract between Lawrence and his
father and it is already made so it is over.

2. Agent's Contract

McGirr had a contract with Enco service who sold gallons of gasoline. McGirr was searching for
another service station to sell their gasoline. McGirr called Gulf Oil to know if he had any good high-
producing units available and discuss a deal with Marks a representative of Gulf. Mark proposed a
station at the corner of Figueroa and Avenue 26; unfortunately this station was not available for 90
days. But Marks told McGrirr that the only way for him to have that station was that he must have
added another one called Dog station. McGirr accepted without signing any document, he moved to
Dog station and signed a writing lease. A few months later, Marks was transferred to a different
territory and Gulf refused to lease the Figueroa station to McGirr. According to the definition of
Statute of Frauds, certain contracts such as real property titles and transfers, leases must be in writing.
The liable of Figueroa station is Marks because he was the one who gave his word to McGrirr not
Gulf station.
 3. Assignment

This text talks about assignment. Berlinger Foods Corporation enters into contract with
Haagen-Dazs ice cream to become its distributor. The contract was in fact an oral contract so
unenforceable. Years later Berlinger decided to sell its assets to Dreyers a manufacturer of
premium ice cream that competed with Haagen-Dazs. So when Pillsbury, the company that
required Haagen-Dazs and adhered to the oral distribution agreement that is unenforceable
and retained Berlinger loaned of the sale, it terminated the collaboration with Berlinger.
The Pillsbury Company will win because neither the oral contract between Berlinger and
Haagen-Dazs not the oral distribution agreement between Pillsbury and Berlinger is
enforceable. And the effect of an assignment of a night is that the unconditional assignment
of a contract right extinguishes all the assignors rights, including the right to sue the obligor.